What Is a Wrongful Death Suit?

A wrongful death is any death that was directly or indirectly caused by negligence, willful conduct, or indifference to the safety of others. In some cases, the person is killed instantly or dies shortly after an accident. In other wrongful death cases, the person may die months or even years afterward because of complications or illness tracing back to the injury.

Who Can File a Wrongful Death Suit in Georgia?

In Georgia, the surviving spouse can file to recover damages from the responsible parties. If there is no surviving spouse, the right to bring the lawsuit passes on to the deceased’s child or children. In cases where there is no surviving spouse or children, the rights pass to the parents of the deceased. If none of these cases apply, the administrator or executor of the estate of the deceased can file a claim on behalf of next of kin. Several statutes outline who can properly bring a wrongful death claim, including OCGA § 51-4-2; OCGA § 51-4-4, and OCGA § 51-4-5.

Is There a Deadline for Filing a Wrongful Death Lawsuit in Georgia?

Generally, you have two (2) years from the date of your loved one’s death to file a wrongful death lawsuit. However, some circumstances can delay the start of the statute of limitations, such as if the wrongful death is the result of a criminal act.

Atlanta Wrongful Death Lawyers

Q: Who Can Receive Compensation Resulting from a Wrongful Death Claim in Georgia?

In Georgia, who can receive compensation resulting from a wrongful death claim is also governed by statute. Georgia’s wrongful death statute dictates that any monies recovered from a wrongful death claim must be divided among the deceased’s surviving spouse and any surviving children. If there are no surviving children, the compensation would all go to the surviving spouse, and vice versa. If the deceased has no surviving spouse or children, any recovery is split up among the heirs as dictated by the terms of the deceased’s will. If there was no will, Georgia’s inheritance laws govern who receives any compensation from the wrongful death claim.

Wrongful Death Attorneys in Atlanta, Georgia

Losing a loved one is devastating, especially when their death is caused by someone else’s negligence or intentional actions. Families are left grieving, facing sudden loss and wondering what to do next. At Pope McGlamry, we understand the emotional pain and distress families experience after such a tragedy. Many are left asking:

How did this happen?
Why wasn’t it prevented?
How will we cover medical bills and funeral costs?
How can we move forward emotionally and financially?

As a nationally recognized law firm based in Atlanta, our team of wrongful death attorneys has the experience and resources to investigate and litigate wrongful death cases, supporting you through every step. While no legal action can erase the pain of loss, pursuing a case can help secure compensation, hold the liable party responsible and help prevent future tragedies. Schedule your free case evaluation today.

Schedule Your Free Case Evaluation

Do I Need a Wrongful Death Lawyer?

Pope McGlamry’s experienced wrongful death attorneys have helped families recover damages in a wide range of circumstances and accidents. A wrongful death occurs when someone dies directly or indirectly because of another party’s negligence, willful misconduct or disregard for the safety of others. In some cases, death happens immediately or soon after an accident. In other wrongful death cases, death may occur months or even years later due to complications or illness from the original injury.

If your loved one’s death was caused by another’s carelessness or intentional actions, our team is here to help you seek justice. We handle cases involving:

Auto Accidents
Commercial Vehicle and Truck Accidents
Construction Accidents
Defective Medical Device Accidents
Defective Product Accidents
Drunk Driving Accidents
Medical Malpractice
Motorcycle or Bicycle Accidents
Premises Liability
Negligent Prison Conditions
Negligent Security

Who Can File a Wrongful Death Lawsuit?

In Georgia, the surviving spouse has the first right to file for damages. If there is no surviving spouse, the right passes to the deceased person’s children. In cases where there are no surviving spouses or children, the right passes to the parents of the deceased individual. For minor children, the parents have the first right to file. Finally, if none of these relatives are living, the administrator or executor of the estate can file a claim on behalf of the next of kin. Several statutes in Georgia law outline who can make a wrongful death claim, including OCGA § 51-4-2; OCGA § 51-4-4 and OCGA § 51-4-5.

Each state has its own laws regarding who is eligible to file a wrongful death lawsuit and what damages they can recover. If your case is being filed outside of Georgia, your state may have different wrongful death statutes. As part of our investigation, your wrongful death lawyer at Pope McGlamry will confirm which state’s laws apply so they can guide you through that state’s specific filing requirements.

Who Can Receive Compensation Resulting From a Wrongful Death Claim?

The question of who can receive compensation from a wrongful death claim in Georgia is determined by state law. Any money recovered must be divided among the surviving spouse and any children. If there are no surviving children, the spouse receives full compensation, and vice versa. When there is no surviving spouse or children, compensation is distributed among the heirs according to the deceased person’s will. If no will exists, Georgia’s inheritance laws determine how the money is divided.

For cases filed outside of Georgia, your Pope McGlamry attorney will determine what the applicable state law is for how wrongful death compensation is distributed.

What Evidence Do I Need for a Wrongful Death Claim?

The exact type of evidence needed will depend on the theory or theories of liability—or how the wrongful death was brought about. Generally, four key elements must be eastablished: duty, breach, causation and damages. This means you must prove that the defendant owed your loved one a duty of care, that they failed to uphold that duty through negligent or reckless actions and that this failure was was the direct and proximate cause of their death. You must also show that the loss resulted in measurable damages such as lost income, medical expenses incurred before death, funeral expenses, loss of companionship, etc.

Explore Your Legal Options with Pope McGlamry

If you’ve lost a loved one due to someone else’s negligence or misconduct, our wrongful death lawyers want to hear from you. Our team will handle your case with care and keep you informed with regular updates on your legal options. Call our Atlanta office or submit your free case evaluation today.

Wrongful Death Lawyers

Wrongful Death Attorneys in Atlanta, Georgia

Do I Need a Wrongful Death Lawyer?

Who Can File a Wrongful Death Lawsuit?

Who Can Receive Compensation Resulting From a Wrongful Death Claim?

What Evidence Do I Need for a Wrongful Death Claim?

How Long Do I Have to File a Wrongful Death Lawsuit?

Explore Your Legal Options with Pope McGlamry

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